NASA plans to build a nuclear reactor on the Moon—a space lawyer explains why

Summary

Nothing in international law prohibits the peaceful use of nuclear power on the Moon. But what matters is how countries deploy it. And the first country to succeed could shape the norms for expectations, behaviors, and legal interpretations related to lunar presence and influence. Why being first matters The 1967 Outer Space Treaty, ratified by all major spacefaring nations including the US, China, and Russia, governs space activity. Its Article IX requires that states act with “due regard to the corresponding interests of all other States Parties.” That statement means if one country places a nuclear reactor on the Moon, others must navigate around it, legally and physically. In effect, it draws a line on the lunar map. If the reactor anchors a larger, long-term facility, it could quietly shape what countries do and how their moves are interpreted legally, on the Moon and beyond. Other articles in the Outer Space Treaty set similar boundaries on behavior, even as they encourage cooperation. They affirm that all countries have the right to freely explore and access the Moon and other celestial bodies, but they explicitly prohibit territorial claims or assertions of sovereignty. At the same time, the treaty acknowledges that countries may establish installations such as bases—and with that, gain the power to limit access. While visits by other countries are encouraged as a transparency measure, they must be preceded by prior consultations. Effectively, this grants operators a degree of control over who can enter and when. Building infrastructure is not staking a territorial claim. No one can own the Moon, but one country setting up a reactor could shape where and how others operate—functionally, if not legally. Infrastructure is influence Building a nuclear reactor establishes a country’s presence in a given area. This idea is especially important for resource-rich areas such as the lunar south pole, where ice found in perpetually shadowed craters could fuel rockets ...